Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Tsecouras v Price [2008] FCA 106
PETER TSECOURAS v ANNE PRICE NSD 2076 OF 2007
COWDROY J
20 FEBRUARY 2008
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 2076 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: PETER TSECOURAS
Appellant
AND: ANNE PRICE
Respondent
JUDGE: COWDROY J
DATE OF ORDER: 20 FEBRUARY 2008
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. Pursuant to O 20 r 5 of the Federal Court Rules the Amended Notice of Appeal and the appeal be dismissed. 2. The Appellant pay the Respondent's costs of the motion and of the appeal.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 2076 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: PETER TSECOURAS
Appellant
AND: ANNE PRICE
Respondent
JUDGE: COWDROY J
DATE: 20 FEBRUARY 2008
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 The respondent's notice of motion before this Court seeks an order that the appeal be struck out. 2 By amended notice of appeal filed on 20 December 2007 the appellant ('Mr Tsecouras') appeals from the decision of Federal Magistrate Raphael delivered on 2 October 2007 in the Federal Magistrates Court of Australia. By such decision Raphael FM dismissed an application made by Mr Tsecouras to set aside the bankruptcy notice pursuant to s 41(6A) of the Bankruptcy Act 1966 which relevantly states: (6A) Where, before the expiration of the time fixed for compliance with the requirements of a bankruptcy notice:
(a) proceedings to set aside a judgment or order in respect of which the bankruptcy notice was issued have been instituted by the debtor; or
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